KRISHAN KANT SINGH Vs. NATIONAL GANGA RIVER BASIN

JUDGEMENT

(1.) THE first applicant in this application claims to be a public spirited person who has been working in the field of environment conservation. The second applicant is an organisation working in the field of environment across the country. Both these applicants raise a specific substantial question relating to environment with respect to water pollution in the River Ganga, particularly, between Garh Mukteshwar and Narora, due to discharge of highly toxic and harmful effluents. It is alleged that highly toxic and 4 harmful effluents are being discharged by the respondent units into the Sambhaoli drain/Phuldera drain that travels along with the Syana Escape Canal which finally joins River Ganga. These units had constructed underground pipelines for such discharge. According to the applicants, Simbhaoli Sugar Mills was established in 1933 and presently is operating three sugar mills and three distilleries in the State of Uttar Pradesh. The total crushing capacity of all three complexes is of 20100 TCD. The unit at Simbhaoli alone has a crushing capacity of 9500 TCD. In just outside the premises of this sugar mill, untreated effluents are being discharged into the drain which finally joins the River Ganga. The other unit, Gopalji Dairy which is producing milk and milk products of different kinds, also discharges untreated effluents in the same Simbhaoli drain. The contamination from discharge of trade effluents is so high that it not only pollutes the Syana Escape canal and the River Ganga but also threatens the life of endangered aquatic species such as dolphins, turtles and other aquatic life. It has also polluted the groundwater of villages from where it passes through, like Bauxar, Jamalpur, Syana, Bahadurgarh, Alampur, Paswada and Nawada village. It is the submission of the applicant that the Gangetic Dolphin is a highly endangered species and is listed in Schedule I of the Wildlife (Protection) Act, 1972. It is also submitted that the WWF India has come out with a report on Ganges and has recorded the finding that a large number of factories like sugar, chemicals, 5 fertilizers, small -scale engineering etc. located at the bank of the river, discharge their effluents directly into the River Ganga and pollute the river to a considerable extent. It is estimated that nearly 260 million litres of industrial waste -water, largely untreated, is discharged by these units while the other major pollution inputs include runoff from the agricultural fields. It is submitted that more than 6 million tonnes of chemical fertilizers and 9,000 tonnes of pesticides are used annually within the basin. The dumping of untreated effluents has also been reported in several newspapers many times and one of the news article published in India Today dated 19th July, 2010 titled as "Ganga Chokes as Sugar Mills Dump Wastes" reported that Simbhaoli Sugar Mills has been rushing its poisonous industrial waste directly into the River. As a result thereof, the colour of green water is black and it stinks around the year. Several large fishes have died and four of the buffaloes of the villagers died after they drank the drain water.

(2.) IT is further the averment of the applicant that the issue of pollution by the Simbhaoli Sugar Mills is very old and as back as in 1997 a book titled "Geography and Environment Vol. III, local issues" stated that harmful pollutants are released by Simbhaoli Sugar Mills polluting units, which are adversely affecting Simbhaoli and its environment. Sulphur dioxide is produced by fuel combustion and burning of sulphur about 3 -4 times daily, for sulphitation and sugar mills and distiller. The leakage of S02 6 causes eye irritation and if greater in amount, even leads to acid rains. Fly ash that escapes through chimneys with CO2 not only contributes to air pollution but causes immense harm to human health. The sugar mill discharges about 1.25 lakh litres effluents approximately per hour for lagooning. The seepage of the effluents pollutes the ground water. The water becomes harder, oily and greasy and unfit for consumption. Thus, the unit causes both air and water pollution. The applicants who became particularly aware about the extent of pollution being caused by these industries, wrote a letter dated 24th June, 2013 to the Chairman of Ganga River Basin Authority, apprising them of large scale pollution by these industries. However, this letter was responded to by the said authority vide their letter dated 6th August, 2013 stating that it was outside their ambit of work and as such they would not be in a position to do anything in furtherance to the letter of the applicants. The applicants also approached the Uttar Pradesh Pollution Control Board (for short 'the UPPCB') and informed them about the extent of pollution and about the failure on the part of the Board in not controlling the said pollution. However, the applicants got no response. The Applicants to substantiate their complaint, went to the extent of collecting effluent samples from the Simbhaoli drain which finally joins the River Ganga. These water samples were collected on 7th August, 2013 from the drain at different locations and a test report was issued by the said laboratory on 25th August, 2013, inter alia 7 showing extreme violation by these industries of the prescribed standards as declared under the Environment (Protection) Act, 1986 (for short 'the Act of 1986'). Some of the results in relation to Total Suspended Solid, Biological Oxygen Demand and Oil and Grease levels were shown in the Status Report as follows: S. No. Parameters Results Permissible Permissible limit for limit for dairy sugar mill and distillery 1. Total 1448 mg/l 150 mg/l 100 mg/l suspended solid 2. Biological 2209 mg/l 100 mg/l 30 mg/l Oxygen demand

(3.) OIL and Grease 262 mg/l 10 mg/l - Concerned with the constant discharge of untreated effluent, contamination of the River water, ground water and the environment, the applicants, while relying upon Articles 48A and 51A(g) of the Constitution of India and the judgments of the Supreme Court in Dr. B.L. Wadehra v. Union of India, (1996) 2 SCC 594, M.C. Mehta v. Kamal Nath and Others, (2000) 6 SCC 213, Subhash Kumar v. State of Bihar & Others, (1991) 1 SCC 598, contended that the authorities entrusted with the work of pollution control cannot be permitted to sit back with folded hands on the pretext of financial or other limitations. Pollution is 8 a civil wrong. By its very nature, it is a tort committed against the community as a whole. Right to life being a fundamental right under Article 21 of the Constitution of India, includes the right of enjoyment of pollution -free water and air for full enjoyment of life. There is a vested right in the applicants and all others to have pollution free water and air in that area of which they are the residents. There itself the duty of the State to prevent and control pollution of water and air and to provide cleaner environment to the citizenry. 3. On the above premises, the applicants pray that these industries should be restricted from releasing harmful effluents in Sambhaoli drain leading to River Ganga and they should also be directed to pay the cost of restoration of the environment which the applicant is unable to quantify in the application. Respondents No. 1 and 2 have filed a common affidavit stating that there is pollution of River Ganga by discharge of untreated effluents by the industries including the Respondent Units. However, it is stated that MoEF under the aegis of NGRBA has taken several steps to check pollution in the River Ganga. The main role of checking industrial pollution as well as inspection and monitoring of industrial units, comes under the purview of the CPCB and various State Pollution Control Boards. It is averred that all the three units had been inspected by the Central Pollution Control Board (for short 'the CPCB)' on 4th September, 2013 of which one unit namely Simbhaoli Sugar unit was found 9 not in operation due to off crushing season. M/s Simbhaoli Sugar Mills Ltd (Distillery Division) and M/s Gopalji Dairy Pvt. Ltd. were found not complying with the standards for effluent disposal and the CPCB had issued directions under the provisions of the Act of 1986, to these industries to adhere to the prescribed standards.